- Late listed building consent for retention of 6 replacement windows - Late listed building consent for the retention of 1 replacement door

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1 Argyll and Bute Council Planning & Regulatory Services Delegated or Committee Planning Application Report and Report of handling as required by Schedule 2 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 relative to applications for Planning Permission or Planning Permission in Principle Reference No: 14/02910/LIB Planning Hierarchy: Local Application Applicant: Proposal: Mr and Mrs Rolf and Joan Johannessen Late listed building consent for the retention of 6 replacement windows and 1 replacement external door Site Address: Elleray, Shore Road, Cove DECISION ROUTE Local Government (Scotland) Act 1973 (A) THE APPLICATION Development Requiring Listed Building Consent - Late listed building consent for retention of 6 replacement windows - Late listed building consent for the retention of 1 replacement door (ii) Other specified operations - None (B) RECOMMENDATION: It is recommended that, subject to referral to Historic Scotland, late listed building consent be granted as a minor departure from Policy LP ENV 13(a) of the adopted Local Plan. (C) HISTORY: 11/02263/LIB - Replace existing iron door with upvc door Approved The justification for this was that the metal framed glazed door was in very poor condition, was a later addition to the property and not original and undermined the character and appearance of the listed building. Its removal and replacement with a upvc door of good design on a rear, subordinate elevation did not impact on the character of the building.

2 (D) CONSULTATIONS: None required (E) PUBLICITY: Y Listed Building/Conservation Advert (Expiry date ) (F) REPRESENTATIONS: None received (G) SUPPORTING INFORMATION Has the application been the subject of: (ii) (iii) (iv) Environmental Statement: N An appropriate assessment under the Conservation (Natural Habitats) Regulations 1994: N A design or design/access statement: Y A report on the impact of the proposed development eg. Retail impact, transport impact, noise impact, flood risk, drainage impact etc: N Summary of main issues raised by each assessment/report Applicants Supporting Statement 1. The building has 25 windows 18 are wood, 6 are PVC and one is stone. The windows described in the listing statement are all wood and maintained regularly by a professional painter. 2. Three of the windows were installed prior to 1993, they are referred to in a survey report issued by the previous owners. 3. Three of the windows were installed in 1999 and 2002 to meet insurance company requirements. The previous windows were aluminium frames with louvered glass slats, too easily removed by burglars and the insurance company required windows with a lockable key. These are located by the narrow passage separating Elleray from the neighbouring house and can barely be seen. 4. The building has 3 external doors. The front is wood, the rear is PVC and has listed building consent (11/02263/PP). The third door is the subject door fitted around 6 years ago. It replaced an aluminium framed door where the lock had failed. It was not possible to obtain a replacement lock. The subject door cannot be seen from either the road or the three nearest neighbours. 5. There are 3 other doors leading to back shed, coal shed and garage, all in wood but differing designs. 6. We submit that since there is a variety of styles of windows and doors, accepting the replacement windows as well as the door does not materially accept the character of the building. 7. It is the applicants view that the building in its current state of repair is preserving the interesting architectural features referred to in the listing

3 statement. The statement indicates that Elleray is a mirror image of its neighbour Dunvorleigh, it too is a mixture of wood and PVC. (H) PLANNING OBLIGATIONS Is a Section 75 agreement required: N (I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30, 31 or 32: N (J) Section 25 of the Act; Development Plan and any other material considerations over and above those listed above which have been taken into account in the assessment of the application List of all Development Plan Policy considerations taken into account in assessment of the application. Argyll and Bute Structure Plan 2002 STRAT DC 9 Historic Environment and Development Control Argyll and Bute Local Plan 2009 LP ENV 1 Impact on the General Environment LP ENV 13a Development Impact on Listed Buildings LP ENV 19 Development Setting, Layout and Design Appendix A Sustainable Siting and Design Principles (ii) List of all other material planning considerations taken into account in the assessment of the application, having due regard to Annex A of Circular 4/2009. Argyll & Bute Sustainable Design Guidance (2006) Historic Scotland Managing Change in the Historic Environment Windows.- October 2010 (K) Is the proposal a Schedule 2 Development not requiring an Environmental Impact Assessment: N (L) Has the application been the subject of statutory pre-application consultation (PAC): N (M) Has a sustainability check list been submitted: N (N) Does the Council have an interest in the site: N

4 (O) Requirement for a hearing (PAN41 or other): N (P) Assessment and summary of determining issues and material considerations Listed building consent is sought for the retention of 6 windows and a door at Elleray, Shore Road, Kilcreggan installed between 1993 and This is a mid-19th century. 2- storey, 3-bay, rectangular-plan gabled villa - a mirror image of its neighbour Dunvorleigh. It is sited within a large plot set back approximately 25 metres from the road. The building was listed on 8 September The following works have been carried out: - The first floor window to both the west and east elevations has been replaced with a upvc window. This was done prior to September A small window to the front elevation of the single storey lean to section, again installed prior to September Three windows to the side of the single storey lean to section at the east elevation were installed in 1999 and Six years ago an aluminium framed door on the rear elevation was replaced by a upvc door. Structure Plan Policy STRAT DC9 notes that development that damages or undermines the historic, architectural or cultural qualities of the historic environment will be resisted. Local Plan Policy LP ENV 13(a) also requires that development should preserve the building. The Council s Design Guidance sets out to ensure that any proposed development is suitable for its context, and states that replacement windows in listed buildings should match the originals in every respect. Windows make a substantial contribution to the character and physical integrity of most historic buildings and also to the character and interest of historic streets and places. They are an important element of a building s design and weatherproofing. The size, shape and position of the openings are significant, as are the form and design of the framing and glazing. Their style, detailing and materials help us to understand when a building was constructed or altered, its function and advances in related technology. In simple vernacular buildings a considerable amount of the character comes from the windows. Historic Scotland Managing Change in the Historic Environment Windows offers further advice. Where there is no alternative to the replacement of historic windows or elements of their joinery or glazing, the new elements should match the original. This should include replication of the proportion, opening method, astragal dimensions and profiles, and fixing of the glass (e.g. putty). Historic glass should be reused where this contributes to a building s character. Changes in framing materials or types of glazing (e.g. from clear glass to wired glass), the adoption of different opening methods, the insertion of extractor fans and other similar features, or the use of planted-on or sandwiched astragals should be avoided. In exceptional circumstances, such as some conversions, there may be grounds for the removal of existing windows and their replacement with new, more thermally efficient ones. Normally this will only be considered where the existing windows are inappropriate or incapable of repair and the new windows can match the detailed design of the historic ones.

5 It is Council practice, where windows are to be replaced, including those of an inappropriate design or materials, that the replacements should be of a better/higher specification in terms of design and materials. The use of upvc as a material is not historically accurate in listed buildings. As such, if these were replacement windows, they would be normally be considered unacceptable and the recommendation would be for refusal. However, the application is for the retention of these windows and a door and the previous history is a material consideration in this assessment. Reference is made by the applicants to application 10/00280/PP for the neighbouring property, Dunvorleigh which is listed and has some upvc doors and windows. It should be noted that application 10/00280/PP and the associated listed building application 10/00281/LIB were for a disabled wet room and not for windows and doors. As such it is not directly relevant to the current application The existing dwellinghouse is in a good state of repair, with all of the windows to the main section of the front elevation being original timber framed units. One window to this elevation - on the subordinate single storey lean to section, has been replaced with a single pane upvc framed unit. It is considered that this replacement window, while not traditional in materials or detailing, is acceptable at its location because it is on a subordinate section of the building set back from the main elevation. As such, any detrimental impact is minor. At the same time that this window was replaced, two first floor windows were replaced - an arched window to the east elevation and a two paned window to the west elevation. These windows were installed prior to 1993 as they are mentioned on the applicant's survey report that was arranged by the previous owner. It is considered that these windows, while not traditional in materials, are at first floor, on subordinate elevations and when viewed from Shore Road, which is the principle public elevation, have a minor detrimental impact on the character and appearance of the building. Three further windows, to the side elevation of the single storey lean to section of the dwellinghouse were replaced with upvc units in 1999 and 2002 to meet insurance company requirements. The previous windows at this location were aluminium framed units. These windows are not visible from any public vantage points. They are located to the side of the single storey section to the south elevation along a narrow passage separating Elleray from its neighbour. There are dense shrubs along this passage further obscuring the visibility of the windows. Because of the location of these windows, the fact that they cannot be seen when viewed from Shore Road and that the previous windows were slatted aluminium it is considered that the impact on the character and appearance of the listed building is minor and acceptable in this instance. In terms of the door this is upvc and is on the rear, north elevation. In 2012 the Council granted listed building consent under reference 11/02263/LIB to replace a separate metal door with upvc on a rear elevation within a courtyard area. Whilst timber would have been more sympathetic it was considered that the upvc door did not impact on the character of the building. The door that is part of the current application replaced an aluminium framed door where the lock had failed. As with the windows, upvc is not normally considered appropriate. However, the design of the door is acceptable, is on a rear elevation, replaced an aluminium door and also compliments the door approved under application 11/02263/LIB. As such any impact on the character of the building is minimal and acceptable. The alterations have had a minor detrimental impact on the architectural quality of Elleray and upvc would not normally be considered appropriate if the proposal was for 6 new windows and a door. However, significant maintenance has been carried out during the course of the applicants tenure. These works have improved the visual appearance of the building itself and helped to guarantee the long-term sustainability of Elleray. Therefore, given the above and the minor detrimental impact of the windows and door it

6 is considered that the proposal can be approved as a minor and justified departure from Policy LP ENV 13(a) of the adopted Local Plan. (Q) Is the proposal consistent with the Development Plan: N (R) Reasons why listed building consent should be approved The replacement windows and door are on subordinate elevations, the windows and door they replaced were not original and when viewed from Shore Road, which is the principle public elevation, they have a minor detrimental impact on the character and appearance of the building. The alterations have diminished the architectural quality of Elleray itself to a limited degree. However, significant maintenance has been carried out during the course of the applicants tenure. These works have improved the visual appearance of the building itself, had a positive impact on the surrounding area and helped to guarantee the long-term sustainability of Elleray. (S) Reasoned justification for a departure to the provisions of the Development Plan The previous history of this property is relevant and a material consideration. The replacement windows and door are on subordinate elevations, the windows and door they replaced were not original and when viewed from Shore Road, which is the principle public elevation, they have a minor detrimental impact on the character and appearance of the building. The alterations have diminished the architectural quality of Elleray itself to a limited degree. However, significant maintenance has been carried out during the course of the applicants tenure. These works have improved the visual appearance of the building itself, had a positive impact on the surrounding area and helped to guarantee the long-term sustainability of Elleray. Therefore, given the above and the minor detrimental impact of the windows and door it is considered that the proposal can be considered as being a minor and justified departure from Policy LP ENV 13(a) of the adopted Local Plan. (T) Need for notification to Scottish Ministers or Historic Scotland: Y Author of Report: Stephanie Spreng Date: Reviewing Officer: Howard Young Date: Angus Gilmour Head of Planning

7 CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 14/02910/LIB 1. The development shall be implemented in accordance with the details specified on the application form dated and the approved drawing reference numbers: 1 of 6, Location Plan, 2 of 6, Details of windows and door, 3 of 6, photograph of windows A and B, 4 of 6, photograph of windows C and D, 5 of 6, photographs of windows D and 6 of 6, photograph of door. Reason: For the purpose of clarity, to ensure that the development is implemented in accordance with the approved details